Constitutional Provisions for Industrial Discipline in India (3 Acts)

Recognizing the implications of disciplinary actions in the form of penalties and punishments, the Indian law contains certain provisions concerning discipline.

These are discussed as follows:

Industrial Employment (Standing Orders) Act, 1946:

As per the provisions of this Act, it is mandatory for certain industrial undertaking to define precisely the employment condition including the rules and the regulations of discipline. Also to clearly describe the punishment and penalties awarded to employees creating indiscipline and to same make known to the employees in the organisation. In addition, the standing orders also describe what acts of employees are treated as misconduct and what are the punishments awarded for different misconducts.

ADVERTISEMENTS:

Following are some examples of employee misconduct:

1. Willful insubordination or disobedience.

2. Refusal to work on job assigned to him.

3. Theft or fraud in connection with the property of the organisation.

ADVERTISEMENTS:

4. Sabotage of safety devices.

5. Any illegal gratification.

6. Habitual late coming

7. Absence from work without permission.

8. Gross negligence of duty.

The Industrial Disputes Act, 1947:

Under the provisions of the Act, a Labour Court or Labour Tribunal is to be set up to deal with industrial disputes. In case of ‘protected workmen’, prior permission for discharge or dismissal is sought. Besides, the Act also makes it obligatory for an employer employing more than fifty workers during the preceding one year, to set up a ‘Grievance Settlement Authority.’ The responsibility of this authority is to settle industrial disputes of an individual worker.

The Payment of Wages Act, 1936:

Section 8 of this Act places restrictions on the imposition of fines on an accused employee.